THIS TRIAL CHAMBER of the International Tribunal for
the Prosecution of Persons Responsible for Serious Violations of International
Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991
("International Tribunal"),

NOTING the "Order for Measures to Protect Victims and
Witnesses" issued by the Trial Chamber on 15 January 1999 for the protection
of victims and witnesses connected with these proceedings ("the Order"),

BEING SEISED of an application by the Defence for Dario
Kordic and Mario Cerkez (“the Defence”) for revision and modification of the
Order (“the Application”),

HAVING HEARD the parties in closed session on 26 November
1999,

NOTING that the Defence seek amendments to paragraphs
7, 10 and 12 of the Order, as follows:

with respect to paragraph 7, specific references to the Kordic Defence and
the Cerkez Defence clarifying reciprocal obligations of non-disclosure upon
the Office of the Prosecutor (“OTP”) be inserted;

with respect to paragraph 10 (proposed to replace entirely paragraph 10
in the Order), "associates of the Prosecution, and any persons or organizations
assisting or supporting the Prosecution" shall not contact any witness or
potential witness identified to the OTP by the Defence or whose unredacted
statement or testimony has been disclosed to the OTP by the Defence in connection
with this case; and

with respect to paragraph 12 (a proposed new paragraph), the OTP may only
contact such persons referred to in proposed paragraph 10 on reasonable prior
written notice to the Defence.

NOTING the Prosecution arguments in response to the
Application that:

the initial order is adequate for both parties, and a modified order is
therefore unnecessary; and

the reference in paragraph 10 to "associates of the Prosecution, and any
persons or organizations assisting or supporting the Prosecution" is objectionable
because

(i) the OTP is a law enforcement body mandated to investigate these matters
and therefore required to have extensive contact with a number of governments
and other outside agencies, and

(ii) were such wording inserted into an order, it may mean that the OTP
would not be able to have appropriate contacts with, or ask for the assistance
of, for example, law enforcement authorities in Bosnia to contact witnesses
or to assist in the location of particular evidence.

CONSIDERING that the Trial Chamber agrees with the arguments
of the OTP that the proposed modifications might have the effect of adversely
affecting the capability of the OTP to carry out its mandate, and that the Order
is adequate to protect the interests of witnesses or potential witnesses of
the Defence,

CONSIDERING HOWEVER that the proposed modifications
to paragraph 7 of the Order serve to clarify the reciprocal obligations of non-disclosure
upon the OTP and the Defence,

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence
of the International Tribunal,

HEREBYGRANTS the Application with respect to
proposed modifications to paragraph 7, which will now be as follows1:

save as is directly and specifically necessary for the preparation and presentation
of this case, the Prosecutor, the Kordic Defence and the Cerkez Defence shall
not disclose to the public: (a)the names, identifying information
or whereabouts of any witness or potential witness identified to the Kordic
Defence and the Cerkez Defence by the Prosecutor, or identified to
the Prosecutor by the Kordic Defence and the Cerkez Defence until such
time as the witness testifies publicly in open session; (b)any evidence
(including documentary, physical and other evidence) or any written statement
of a witness or potential witness, or the substance, in whole or part, of
any such evidence or statement that has not already been made public, except
in the course of public trial and other public proceedings before the International
Tribunal (where not protected by further, specific protective measures); (c)
the non-public or otherwise protected testimony of a witness or potential
witnessidentified or listed by the Prosecutor, or by the Kordic
Defence and the Cerkez Defence, or of a person whose written statement(s)
has been disclosed by the Prosecutor, or by the Kordic Defence and the
Cerkez Defence, except that a person may review his or her own written
statement(s) and testimony (and such documentary, physical or similar evidence
which is directly related to or included in his or her statement or testimony);
and to the extent reasonably necessary to his or her work, an expert witness
may review the statements and testimony of other persons, as well as other
evidence;

AND HEREBY DENIES the remainder of the Application.

Done in English and French, the English text being authoritative.

___________________________
Richard May
Presiding

Dated this twenty-seventh day of January 2000
At The Hague
The Netherlands